HomeMy WebLinkAbout#3940 - variances-1997 � o�
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� �b- - �,� C ITY of ORONO
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�� �,'�'� RESOLUTION OF THE CITY COUNCiL
��kESH�4� NO. 3 9 4 0
A R�SOLUTION GIRANTING VARIANCES
Ti O MLIV�CIPAL ZOlvING CODE
SECT�ON 10.28, SLTBDIVISIOlV 5 (B)
FILE I\TO. 22G6
WHEF.EAS, Ronald Hohrman and Robin Hohrman (hereinafter "the applicants")
are the owners of the property located at 190 Cygnet Place within the City of Orono
(hereinafter "the City") and legally described as follows:
Lot 4, Block 3, Swan Lake Addition, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City for vaziances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to construct a screened-in porch on the rear of
their house encroaching 4' into the required 50' rear yard setback, and to add a one car garage
stall to the existing attached double garage encroaching 2' into the required 30 side yard
setback. Variances for reducing the rear yard setback from the required �0' to 46' where 48'
is existing and reducing the side yard setback from the required 30' to 28' are required.
NOW, THEREFORE, BE IT RESOL,VED by the City Council of Orono,
Minnesota:
FINDiNGS
l. This application was review�ed as Zoning File #2266.
2. The property is located in the RR-1B One Family Rural Residential Zoning
District where the minimum lot area requirement is two acres.
3. The Orono Planning Commission reviewed this application on July 21, 1997 and
recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
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��� �G'�� RESOWTION OF THE CITY COUNCIL
�kESH�� NO. 3 9 4 0
A. The subject property does not meet the minimum lot area and lot w�dt�h
requirements, restricting the allowable building pad for the proposed
additions.
4. The City Cour!cil fmds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
. and welfare of the community.
CON�LUSIONS, ORDER AND CON�ITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a rear yard and side yard variance to Municipal Zoning Code Section 10.28, Subdivision
� (B) to permit the construction of a screen porch attached to the rear of the existing house
encroaching 4' into the required 50' rear setback, and a one caz garage stail attached to the
existing two car garage encroaching 2' into the 30' required side yard setback, subject to the
following conditions:
l. Authorities granted by this variance run with the prope:�ty not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
w�ill expire on that date (July 28, 1998).
2. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority b anted herein, and shall be punishable as a
misdemeanor. .
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�'C� �,� RESOLUTION OF THE CITY COUNCIL
\��kESHOg'� NO. :3 � 4
3. The undersigned applic�nts have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, t1��eir heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 28th day of July, 1997.
AT EST:
Dorothy M. lin, City Clerk Gabri Jabbour, Mayor
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Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HE�tNEPIN )
The foregoing instrument was acknowledged before me on this 28th.day of July,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instnunent was executed on behalf of the City.
�,
. CAROLE A.HASEMAN �i�� ; �L�� „ Z�.,�.�
NOTARY PUBIIC-MINNESOTA
�:� " �� = HEiVNEP1N COUNTY NOt� PUb11C
My Commiuton 6cpires Jan.31,2�00
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RESOLUTION OF THE CITY COUNCIL
�t9kESH04��'G NO. � q 4 � _
STATE OF MINNESOTA )
) ss.
COUNTY Or HENNEPIN )
On this ���� day of�, . f , 199'7 , before me a Notary Public
within and for said County, personally a peared j���,�4a �h�.-_,.. � ,��,�„„ {�c tir,�,li n, h��5b��,��.��;��
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLE A HASEMAN ��.f�-�'� � ,`��,.�s m.�t-J
��e�` NOTARY PUBLtC-MINNESOTA Notar PllbI1C
HENNEPIN COUNTY Y
•-..• My Cammfssion Fxpires Jan.31,2�00
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
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